Get technical. It’s advice from the California State Bar to its members earlier this summer with respect to their ethical obligations to be competent in e-discovery, according to Kathryn Cole of Farrell Fritz. And now Cole questions whether the New York State Bar will follow suit.
“Attorneys who handle litigation may not ignore the requirements and obligations of electronic discovery,” according to the California Bar’s formal opinion. “A lack of technological knowledge in handling e-discovery may render an attorney ethically incompetent to handle certain litigation matters involving e-discovery, absent curative assistance,” it goes on to say.
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